Edinburgh man, 34, choked to death on Kinder egg containing drugs while in police custody

A Fatal Accident Inquiry determination by Sheriff John Mundy found that Walter Wallace, 34, had died following attempts to conceal drugs internally while in a cell at St Leonard’s Police station, after presenting himself on a warrant to apprehend late on December 10, 2018.

Police carried out initial searches - including a strip search - and did not find any illegal substances but, given Mr Wallace’s drug history and potential vulnerability, he was observed every 30 minutes in his cell.

On the second check at around 3.30am the next morning, Mr Wallace failed to respond and officers entered and noticed what appeared to be drugs on the cell bed. He appeared to have tablets in his hand and tried to move his hand towards his mouth before a struggle ensued with officers.

Mr Wallace was taken to the ground and handcuffed and he stopped resisting and appeared to go limp. Officers removed the cuffs and placed him in the recovery position and it was not known whether he was choking or if his condition was due to drug intoxication - so “back slaps” were carried out.

Other staff, including a police nurse, quickly attended and the nurse gave him Naloxone to counter the possible effects of opioids and inserted an airway tube after checking that there appeared to be no obstruction.

Paramedics appeared quickly on scene and various procedures - including CPR - were carried out.

Mr Wallace was moved to an ambulance and, following difficulties ventilating him, it was noticed there was no longer a breath reading.

The sheriff’s report continued: “On investigation a paramedic discovered there was an object in the area of his larynx which was obstructing his breathing. It was removed by forceps (surgical tweezers).

“The obstruction was later found to be a ‘Kinder egg’ containing illicit substances. Walter was taken to hospital but could not be saved.”

Mr Wallace died at 4.45am on December 11, 2018, at the Royal Infirmary of Edinburgh.

Sheriff Mundy concluded that the cause of death was “choking on a foreign object in a man with multi-drug intoxication during physical restraint.”

The sheriff also found procedures carried out by police and their staff could not be faulted and that care in custody operating procedures were fully complied with, and that the actions of medical staff could not be faulted.

The report added: “It would appear that Walter had managed to conceal drugs internally, including the Kinder egg, and following being lodged in his cell, he had accessed them. At some point, he has attempted to conceal in his mouth or swallow the Kinder egg with the result that it lodged in his larynx causing him to choke.

“I concluded that there was no reason for the police, their staff or paramedics to know of the existence of such an obstruction before it was found while Walter was in the ambulance.”

The Sheriff said there was no evidence there were precautions which could reasonably have been taken which might realistically have resulted in death being avoided.

The report added: “This was an event where Walter took a risk in concealing drugs, with tragic and fatal consequences. I extend my condolences to his family and friends.”

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